Perez Perez v. New York State DMV Driving Improvement Unit

Background

Victor Manuel Perez Perez, who was representing himself, filed this action against the New York State DMV Driving Improvement Unit. The court stated that Perez Perez had already submitted an identical complaint against the same defendant in a case still pending under docket number 25-CV-4370 (LTS). The court also noted that this was the second duplicate action filed in this court.

A footnote stated that, in the pending case, the court had directed Perez Perez to either pay the required $405 filing fee or submit an application to proceed without paying the fee. He had not responded to that direction, paid the fee, or submitted an application with this complaint.

Ruling

The court dismissed the complaint as duplicative and stated that the dismissal was without prejudice to Perez Perez’s pending case. The Clerk of Court was directed to enter judgment in this action. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the required fees. Judge Laura Taylor Swain signed the order.